II 118TH CONGRESS 1ST SESSION S. 1646 To amend title 28, United States Code, to require the Attorney General to submit an annual report to Congress on gang activity, reporting, investigation, and prosecution, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 17, 2023 Mr. GRASSLEY (for himself and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to require the Attor- ney General to submit an annual report to Congress on gang activity, reporting, investigation, and prosecu- tion, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Gang Activity Report- 4 ing Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1646.IS S1646 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1646 IS (1) The United States is experiencing an un- 1 precedented surge in violent crime, including an in- 2 crease of more than 30 percent in the rate of mur- 3 ders since 2020. 4 (2) The most recent Department of Justice 5 data regarding gangs and criminal activity, pub- 6 lished in the 2011 National Gang Threat Assess- 7 ment, indicates gangs are responsible for an average 8 of 48 percent of violent crime in the United States. 9 (3) Up-to-date, accurate, and consistent report- 10 ing from the relevant Federal agencies relating to 11 gang activity in the United States is a foundational 12 element in enabling policymakers to enact effective, 13 evidence-based policy that protects the people of the 14 United States from gang activity. 15 SEC. 3. GANG REPORTING REQUIREMENT. 16 (a) IN GENERAL.—Chapter 31 of title 28, United 17 States Code, is amended by adding at the end the fol- 18 lowing: 19 ‘‘§ 530E. Report on gang activity, reporting, investiga- 20 tion, and prosecution 21 ‘‘(a) REPORT.— 22 ‘‘(1) IN GENERAL.—Not later than 150 days 23 after the date of enactment of the Gang Activity Re- 24 porting Act of 2023, and not later than the last day 25 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1646.IS S1646 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1646 IS of each fiscal year beginning after the date of enact- 1 ment, the Attorney General shall, in conjunction 2 with the Secretary of Homeland Security and the 3 Director of the Federal Bureau of Investigation, 4 submit to the Committee on the Judiciary of the 5 Senate and the Committee on the Judiciary of the 6 House of Representatives a report on gang activity, 7 reporting, investigation, and prosecution. 8 ‘‘(2) CONTENTS.—The report described in 9 paragraph (1) shall include information relating 10 to— 11 ‘‘(A) the growth of local, national, and 12 transnational gangs during the 10-fiscal-year 13 period preceding the date on which the report 14 is submitted (referred to in this section as the 15 ‘submission date’)— 16 ‘‘(i) with specific numerical data; and 17 ‘‘(ii) including changes and trends in 18 gang membership, location, and activities 19 and enterprises; 20 ‘‘(B) the tools, methods, or networks gangs 21 are using to commit certain crimes, including— 22 ‘‘(i) the extent to which gangs cooper- 23 ate; and 24 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1646.IS S1646 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1646 IS ‘‘(ii) an assessment of the kinds of 1 crimes on which gangs cooperate; 2 ‘‘(C) whether and to what extent State- 3 based reporting issues affect Federal data col- 4 lection and accuracy; 5 ‘‘(D) the initiatives the Department of 6 Justice, Department of Homeland Security, and 7 Federal Bureau of Investigation undertook dur- 8 ing the 5-fiscal-year period preceding the sub- 9 mission date to track gang growth and gang ac- 10 tivity and to investigate and prosecute related 11 unlawful activity, including— 12 ‘‘(i) the date on which each initiative 13 was undertaken; and 14 ‘‘(ii) if applicable, the date on which 15 each initiative was ended, with a detailed 16 explanation as to why the initiative was 17 ended; 18 ‘‘(E) the Federal resources allocated by 19 each agency described in subparagraph (D) to 20 investigating, prosecuting, and containing gangs 21 as of the submission date; 22 ‘‘(F) gang enforcement statistics from the 23 last fiscal year ending before the submission 24 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1646.IS S1646 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1646 IS date, including the quantity, changes, and 1 trends in— 2 ‘‘(i) gang-related arrests, including 3 comparisons to gang-related arrests during 4 the 5-fiscal-year period preceding the ap- 5 plicable fiscal year; 6 ‘‘(ii) the number of juveniles arrested 7 as a result of gang-related activity; and 8 ‘‘(iii) the number of firearms seized by 9 law enforcement agencies during gang en- 10 forcement operations, including the num- 11 ber of firearms seized from juveniles; 12 ‘‘(G) the data collection procedures utilized 13 by each agency described in subparagraph (D); 14 and 15 ‘‘(H) any changes to data collection proce- 16 dures of an agency described in subparagraph 17 (D) during the 18-month period preceding the 18 submission date, including explanations as to 19 why any procedures were changed. 20 ‘‘(b) CLASSIFICATION.—The report submitted under 21 subsection (a), or a portion thereof, may be classified, as 22 determined appropriate by the Attorney General, the Sec- 23 retary of Homeland Security, and the Director of the Fed- 24 eral Bureau of Investigation.’’. 25 VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1646.IS S1646 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1646 IS (b) TECHNICAL AMENDMENT.—The table of sections 1 for chapter 31 of title 28, United States Code, is amended 2 by adding at the end the following: 3 ‘‘530E. Report on gang activity, reporting, investigation, and prosecution.’’. Æ VerDate Sep 11 2014 00:49 May 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1646.IS S1646 kjohnson on DSK79L0C42PROD with BILLS